Kokua Line
Kokua Line
Question: We have a state Department of Transportation permit that allows us to park our company truck in an expired parking meter at Ala Wai Boat Harbor 24 hours a day. However, we were cited for parking in an expired meter. We wrote a letter explaining the situation but were told that it couldn't be considered because it came in more than 15 days from the date of violation. But the date of violation was not legible. We were told we could either pay a fine of $55 or take the case to court. But why should we have to go to court to fight the ticket when it was issued in error in the first place? Ticket issued in error
still must be taken
to traffic courtAnswer: Unfortunately, even though an error may have been made in issuing the citation, the Traffic Violations Bureau "does not have the authority to administratively dismiss citations," said manager Milton Hee.
All contested matters must be set for court, he said.
Thus, whether you responded within 15 days or not, only a judge can determine whether an error was made in issuing the ticket.
If you had responded within 15 days, your written statement would have been enough to forward on to a judge for a ruling, Hee said. You would then have been mailed a notice of the judge's decision.
Now, because you responded late, you are required to post an appearance bond and file a motion to set aside the default judgment against you, Hee said.
That does not mean you have to show up in court, but you do have to post the bond and file the motion by going to the Traffic Violations Bureau between 7:45 a.m.-9 p.m. Mondays-Fridays, except state holidays.
If the motion to set aside the default judgment is granted by a judge, you can either submit a written statement or appear later in court, Hee said.
If the court finds in your favor, the $55 bond will be returned.
Also, although the date on the citation may have been illegible, your company should have called or sent a written statement as soon as it was received, Hee said. "The delay in sending in the response complicated the matter."
Halawa Drive dump update
An item yesterday dealt with broken concrete and other debris being dumped at the entrance of Halawa Drive. The response from a building official was that the owner of the adjoining property would be cited this week because he was responsible for maintaining the public right of way fronting his property.But William Deering, head of the city Housing Code Section, said a contractor hired to build a retaining wall on the property indicated he would remove the debris immediately, even though he said the junk was "dumped by somebody else."
The matter has dragged on for weeks because it got mixed up between inspectors in different divisions. Initially, Deering's office, which handles existing construction and sidewalk concerns, cited the property owner. The citation was sent to the Department of Facility Maintenance, which would have cleaned the area if the owner failed to do so, then billed him for the work.
But that department discovered the owner had a permit to build the wall, so bowed out, Deering said. "That's when the thing went around in a circle." It ended up with a building inspector for new construction.
The bottom line is that the contractor was going to clean it up yesterday, Deering said. If nothing happens, "then the work order will go back to Facility Maintenance" for the work to be done, then billed.
Need help with problems? Call Kokua Line at 525-8686,
fax 525-6711, or write to P.O. Box 3080, Honolulu 96802.
Email to kokualine@starbulletin.com